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REAL-LIFE CASES
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CASE
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FACTS
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LAWSUIT
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Case 1 (1998)
Plaintiff:
Contractor
Defendant: me
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Construction of covered
arena that wasn't what I ordered.
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Contractor placed a
$35,000 lien against my horse farm, sued me for the balance on the
contract for a pre-manufactured steel building to cover my 110'x240'
horse arena.
After two attorneys,
$50,000+ in attorney fees, I finally won "piddlings" on my own
in arbitration. The contractor refused to pay me what I am owed,
and refused to release the lien against my property as ordered by the
court in 2003.
I filed a suit against
the contractor to get what I am entitled to, and the judge dismissed it
because I didn't have an attorney, and fined me almost $5,000.
During the hearing, the judge threatened twice to throw me in jail if I
disagreed with him, without provocation.
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Case 2
(1991)
Plaintiff: me
Defendant:
Trainer
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Trainer flipped my horse
over in the round-pen, smashed her withers, and didn't call me or the
vet.
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I sued the negligent
trainer and the incorporated farm name he operated under. Judge
decided the trainer was shielded by the corporation, even though he was
the sole person responsible and the sole beneficiary of the
business. Judge ignore persuasive testimony of my expert vet
witness.
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Case 3
(1995)
Plaintiff:
Veterinarian
Defendant: me
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I asked the vet to come
out to my farm in my absence to give substitute collostrum to a newborn
foal. Vet came out, left a bill, but didn't give the collostrum.
The foal died the next day of severe sepsus.
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Vet sued me for payment,
and won, because the judge would not let me call my expert witnesses,
would not let me submit persuasive evidence, instructed the jury to
ignore my closing statement, and on how to rule.
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Case 4
(1994)
Plaintiff:
Landlord
Defendant: me
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I leased a horse farm,
and a couple months later, a developer wanted to buy the property.
The landlord and his family made it impossible for me to continue doing
business at the farm, through atrocities you couldn't imagine, including
stabbing boarder's horses in the leg at night, breaking my kitten's
neck, and shooting at the horses.
After enduring
unbelievable harassment, I moved out and sent my boarders elsewhere.
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Landlord refused my rent
and took me to court to evict me for non-payment. I won that one,
but the judge limited my continued use of the 60+ acres to 15 acres and
the barn, because the lease was ambiguous.
Landlord next sued me
for leaving. I pled "constructive eviction" (i.e. they
forced me to leave). In a court-ordered non-binding arbitration
hearing, the judge said he was ruling against me because I "need to
pay (my) dues to the legal system. Get a lawyer."
I hired an attorney
for a flat $1200 fee. He dismissed my counterclaim to make the
case cheaper for him, wiping out my only defense. Another attorney
filed my claims as another case, and the court dismissed it and I was
fined $1,200. I didn't know the second attorney was under
suspension for reason of mental incompetence (alcohol). I had to
pay to buy myself out of a trial when my only defense was barred by the
court. Judge said, "You are bound by the mistakes of your
lawyer."
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For
Sales and Breeding Information, contact:
Small
Valley Sport Horses
(919)
632-7700, mobile
(
Raleigh,
NC ~ Lexington, VA )
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